Ex-officers win $780,000 defamation case

A newspaper column and article criticising former police officers who testified against Senior Constable Keith Abbott has resulted in a $780,000 award for defamation, one of the highest in New Zealand.

Former police officers Bryan Rowe, Wayne Idour and Peter Woods took a civil case against Independent Newspapers (INL) and columnist Rosemary McLeod over a news story and column that appeared in the Sunday Star-Times on December 8, 2002.

All three gave evidence as expert witnesses at the depositions hearing for a private murder prosecution against Mr Abbott.

The prosecution was brought by the family of 23-year-old Steven Wallace, who was shot dead by Mr Abbott in Waitara on April 30, 2000.

Mr Rowe also gave evidence at the trial in the High Court at Wellington in November and December 2002. Mr Abbott was found not guilty.

In the defamation case, a jury in the High Court at Wellington deliberated for nine hours this week before finding against INL and Ms McLeod and awarding Mr Woods $280,000, Mr Rowe $270,000 and Mr Idour $230,000.

Lawyer Colin Withnall QC said the effect of the publication in a national newspaper had "devastated" his client, Mr Woods. The articles had been "grossly inaccurate".

The publication had caused questions to be asked of Mr Woods - whisperings around his workplace, Mr Withnall said.

The damages award "serves to restore his reputation and to show that those statements were untrue".

One of the lawyers acting for Mr Idour and Mr Rowe, Frazer Barton, said they were "delighted".

"They were obviously devastated to be defamed in this way. They had no proper warning that articles, critical of them, were to be published."

Applications for costs were being prepared but Mr Withnall and Mr Barton said they were likely to be substantial.

Media law expert and Canterbury University professor John Burrows said the media should learn a lesson from the decision: "If it's going further than just opinion or comment you've got to be a bit more careful."

The largest defamation award was to former Auckland Trotting Club president Terry Quinn, who was awarded $1.5 against Television New Zealand. On appeal, the amount was reduced to $650,000.

- NZPA